Appeals

Our Benefits Advisors are available statewide to represent you in filing an appeal on your current rating decision. These services are free of charge and our Benefits Advisors are all Veterans who have chosen to serve their fellow Veterans and Veteran families. All our Benefits Advisors are well versed on communicating your unique situation to the VA efficiently and effectively. Let us do what we do best. Serve you.

Understanding Appeals:

Appeals Process

Veterans and other claimants for VA benefits have the right to appeal decisions made by a VA regional office, medical center, or National Cemetery Administration (NCA) office. Typical issues appealed are disability compensation, pension, education benefits, recovery of overpayments, reimbursement for unauthorized medical services, and denial of burial and memorial benefits.

A claimant has one year from the date of the notification of a VA decision to file an appeal. The first step in the appeal process is for a claimant to file a written notice of disagreement with the VA regional office, medical center or NCA office that made the decision.

Following receipt of the written notice, VA will furnish the claimant a “Statement of the Case” describing what facts, laws, and regulations were used in deciding the case. To complete the request for appeal, the claimant must file a “Substantive Appeal” within 60 days of the mailing of the Statement of the Case, or within one year from the date VA mailed its decision, whichever period ends later.

Go to http://www.bva.va.gov/ and scroll down to the PDF on the “Veterans Appeals Process Briefing” for specific details on the appeals process.

Board of Veterans’ Appeals

What is the Board of Veterans’ Appeals?

The Board of Veterans’ Appeals makes decisions on appeals on behalf of the Secretary of Veterans Affairs. Although it is not required, a Veterans service organization, an agent, or an attorney may represent a claimant. Appellants may present their cases in person to a member of the Board at a hearing in Washington, D.C., at a VA regional office or by video conference.

A final Board of Veterans’ Appeals decision that does not grant a claimant the benefits desired may be appealed to the U.S. Court of Appeals for Veterans Claims, an independent court, not part of the Department of Veterans Affairs.

Notice of an appeal must be received by the court with a postmark that is within 120 days.

Who is on the Board of Appeals?

The Board of Veterans’ Appeals (also known as “BVA” or “the Board”) is a part of the VA, located in Washington, D.C.

Members of the Board review benefit claims determinations made by local VA offices and issue decision on appeals. These Law Judges, attorneys experienced in Veterans law and in reviewing benefit claims, are the only ones who can issue Board decisions. Staff attorneys, also trained in Veteran’s law, review the facts of each appeal and assist the Board members.

How to Track Your Appeal Status

You can track your appeals decisions by going to the VA website “The Board of Veteran’s Appeals Decision search results” page at www.index.va.gov/search/va/bva.html. If you cannot find your appeal on this site contact your Benefits Advisors.